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DOCUMENT TITLE:  LUMP-SUM DESIGN-BUILD AGREEMENT .
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Clause Heading
Article 1 - Definitions; Rules of Interpretation
2.1 - Services to be Performed.
2.2 - Extent of Agreement.
2.3 - Conflicting Provisions.
3.1 - Design-Builders Services in General.
3.2 - Design Development and Services.
3.3 - Standard of Care.
3.4 - Government Approvals and Permits.
3.5 - Subcontractors.
3.6 - Maintenance of Site.
3.7 - Project Safety.
3.8 - Submission of Reports.
3.9 - Training.
4.1 - Duty to Cooperate.
4.2 - Furnishing of Services and Information.
4.3 - Financial Information; Cooperation with Lenders; Failure to Obtain Financial Closing.
4.4 - Owners Representative.
4.5 - Government Approvals and Permits.
4.6 - Owners Separate Contractors.
4.7 - Security.
5.1 - Work Product.
5.2 - Owners Limited License Upon Payment in Full.
5.3 - Owners Limited License Upon Owners Termination for Convenience or Design-Builders Election to Terminate.
5.4 - Owners Limited License Upon Design-Builders Default.
5.5 - Owners Indemnification for Use of Work Product.
5.6 - Risk of Loss.
6.1 - Work Schedule.
6.2 - Phase I and Phase II Engineering.
6.3 - Notice to Proceed; Commencement.
6.4 - Project Start-Up and Testing.
6.5 - Substantial Completion.
6.5.3 - Procedures.
6.5.4 - Early Completion Bonus.
6.6 - Final Completion.
6.7 - Post Completion Support.
7.1 - Performance Guarantee.
7.2 - Performance Testing.
7.3 - Liquidated Damages.
7.4 - Bonds and Other Performance Security.
8.1 - Design-Builder Warranty.
8.2 - Correction of Defective Work.
8.3 - Warranty Period Not Limitation to Owners Rights.
9.1 - Contract Price.
10.1 - Payment at Financial Closing.
10.2.1 - Application for Payment.
10.2.5 - Schedule of Values.
10.2.6 - Withholding of Payments.
10.2.7 - Retainage on Progress Payments.
10.3 - Final Payment.
10.4.1 - Interest.
10.4.2 - Right to Suspend Work.
10.5 - Design-Builders Payment Obligations.
10.6 - Record Keeping and Finance Controls.
11.1 - Hazardous Conditions.
11.2 - Differing Site Conditions; Inspection.
12.1 - Force Majeure Event.
12.2 - Effect of Force Majeure Event.
12.3 - Change in Legal Requirements.
12.4 - Time Impact And Availability.
13.1 - Change Orders.
13.2 - Contract Price Adjustments.
13.3 - Emergencies.
13.4 - Requests for Contract Adjustments and Relief.
14.1 - Tax Claim Indemnification.
14.2 - Payment Claim Indemnification.
14.3 - Design-Builders General Indemnification.
14.4 - Owners General Indemnification.
15.1 - Owners Right to Stop Work.
15.2 - Owners Right to Perform and Terminate for Cause.
15.3 - Owners Right to Terminate for Convenience.
15.4 - Design-Builders Right to Stop Work.
15.5 - Design-Builders Right to Terminate for Cause.
15.6 - Bankruptcy of Owner or Design-Builder.
15.7 - Lenders Right to Cure.
16.1 - Designation of Owners Representatives.
16.2 - Designation of Design-Builders Representatives.
17.1 - Insurance.
17.2 - Design-Builders Insurance Requirements.
17.3 - Owners Liability Insurance.
17.4 - Owners Property Insurance.
17.5 - Coordination with Loan Documents.
18.1 - Design-Builder and Owner Representations and Warranties.
18.2 - Design-Builder Representation and Warranties.
19.1 - Dispute Avoidance and Mediation.
19.2 - Arbitration.
19.3 - Duty to Continue Performance.
19.4 - Consequential Damages.
20.1 - Non-Disclosure Obligation.
20.2 - Publicity and Advertising.
20.3 - Term of Obligation.
Article 21 - Miscellaneous
21.2 - Successors.
21.3 - Governing Law.
21.4 - Severability.
21.5 - No Waiver.
21.6 - Headings.
21.7 - Notice.
21.8 - No Privity with Design Consultant/Subcontractors.
21.9 - Amendments.
21.10 - Entire Agreement.
21.11 - Third-Party Beneficiaries.
21.12 - Counterparts.
21.13 - Survival.
A - Site Work and Utilities Owner Responsibility
G - Chiller Cooling Tower
12 - DEFINITIONS